For more than one hundred and fifty years, immigrants have come to New York State to
pursue their dreams. Their successes and their contributions are the building blocks
of our great Empire State and can be found from metropolitan New York to Buffalo,
from the Southern Tier to the Canadian border.

We, the members of the New York State Assembly – "The People’s House" in New
York’s state legislature – are proud and deeply inspired by our immigrant heritage,
and value above all else the idea that diversity is our greatest strength.

But it was the perseverance of our immigrant forebears, the hardships they endured and
the sacrifices they made, that steels our resolve to lower all barriers that prevent
New Americans from the better life they seek here in New York State.

This year, Assemblyman Adriano Espaillat, the Chairman of the Assembly Task Force on
New Americans, is leading our fight to expand health care coverage and fund
educational programs, such as "English Language Learners" and "English
as a Second Language" programs that are vital to the well-being of immigrant
communities today.

Speaking for Assemblyman Espaillat and for all of our colleagues, let me assure you
that your New York State Assembly is firmly committed to ensuring that you and all
New Yorkers receive access to the health care and education you need, as well as the
equity and justice you deserve from a government that respects its immigrant
origins.

As Chair of the New York State Assembly Task Force on New Americans, I am pleased to
submit to you our 2001 Annual Report. This legislative session, the Task Force
successfully addressed many critical and important issues impacting New Americans
throughout New York such as health care access, education reform and increased legal
services for poor and low-income immigrants.

During the 2000-2001 session, the Task Force was instrumental in introducing
legislation to provide additional benefits to immigrants in New York, while at the
same time actively disseminating information regarding recent changes in immigration
laws, and acting as a liaison with the federal government to seek changes to such
laws. In addition, we solicited input from community experts and other concerned
parties in order to gain a better understanding of the issues that affect newcomers.

On behalf of the Task Force, I would like to thank the community-based organizations,
faith-based groups, immigration advocates and labor groups who worked alongside the
Task Force to help us achieve our goals this year. Your tireless efforts to ensure
that today’s immigrants have the same opportunity for a better life as past generations
are deeply appreciated.

Adriano Espaillat, Task Force Chair, addresses the participants of
Immigration Day on the steps of the state Capitol.

Hundreds of immigrants took part in Immigration Day on the steps of the state
Capitol in mid-April. They advocated for health care and education reform, for
better English as a Second Language programs, and for increased funding for legal
assistance.

The event, organized by the New York State Immigration Coalition and co-sponsored by
the Task Force, included appearances by Speaker Sheldon Silver (D-Manhattan) and
Assemblymembers Jeffrey Klein (D-Bronx), Rhoda Jacobs (D-Brooklyn), José Rivera
(D-Bronx) and Richard Gottfried (D-Manhattan), among others.

The participants delivered a strong message to their legislators by reminding them
that immigrants make up more than one-third of state residents, pay an estimated
$19 billion annually in state taxes, and thus play an important role in our cities.
The state has a responsibility to ensure that they receive fair treatment in all
roles in our community.

During the 14th Annual Puerto Rican/Hispanic Task Force "Somos el Futuro"
Conference, members of the New York City Central Labor Council’s Committee on the
Dignity of Immigrants joined hundreds of participants in asking for an extension of
section 245(i) of the Immigration and Nationality Act and seeking
immigration law reform. José Peralta, speaking on behalf of the Council’s
Executive Director, Assemblymember Brian McLaughlin, said: "Educating people on
the technicalities of 245(i), and the things that they should know
is important so that they can advise their friends, family members and peers on the
issue."

Alexandra Ventura of Governor Pataki’s Immigration Unit, Mark Lewis,
representing the New York Immigration Coalition, Assemblyman Adriano
Espaillat, and José Peralta, Executive Director, Committee for the Dignity
of Immigrants, New York City Central Labor Council at the 2001 Puerto
Rican/Hispanic Task Force "Somos el Futuro" Conference.

This year thousands of New York immigrants were affected by the opportunity to take
advantage of an extension of section 245(i) of the Immigration and Nationality Act.
This extension was part of an immigration law package enacted last December known as
the Legal Immigration and Family Equity Act (LIFE Act). This provision made thousands
of immigrants eligible to apply for residency without having to leave the country,
provided that certain requirements were met, and thus avoid certain penalties imposed
by immigration laws.

However, the small window of time allowed for filing the necessary papers, and the lack
of information available to immigrants who were interested in exercising this option,
caused widespread confusion. The Task Force conducted an extensive education campaign
by distributing informative brochures to hundreds of community organizations on the
do’s and don’ts of 245(i).
In addition, the Task Force introduced and the Assembly adopted on March 26, 2001 the
following Resolution calling for a one-year extension of 245(i).

WHEREAS, The social, cultural and economic vitality of this State has for many
generations been and continues to be enriched by the contributions of those who have
emigrated to the United States of America from all parts of the world; and

WHEREAS, On December 21, 2000 the Congress of the United States enacted the Legal
Immigration Family Equity Act (popularly known as the “LIFE Act”) which temporarily
restored section 245(i) of the Immigration and Nationality Act to allow certain
immigrants with close family relationships and immigrants who have employers willing to
sponsor them to apply for permanent residency without having to leave the country, and
thus avoid certain penalties imposed by the immigration laws; and WHEREAS, While the
deadline to apply for permanent residency in the United States pursuant to this extension
of section 245(i) is set for April 30, 2001, the Attorney General has not as of yet
issued implementing regulations and may not do so until after the deadline; and

WHEREAS, Information disseminated on the restoration of section 245(i) has been untimely
and insufficient, causing widespread confusion among undocumented immigrants regarding
their eligibility for residency; as a result, many may fail to avail themselves of this
benefit by the April 30, 2001 deadline; and

WHEREAS, It is the sense of community organizations which are working with immigrants,
labor union leaders, the Governor of the State of New York and this Assembled Body that
an extension on the deadline is needed in order to reach the estimated one million
people who are eligible to take advantage of this new law nationwide; now, therefore, be
it

RESOLVED, That this Legislative Body pause in its deliberations to urge the Congress of
the United States of America to grant a one-year extension of section 1502 of the LIFE
Act making section 245(i) of the Immigration and Nationality Act available until April
30, 2002; and be it further

RESOLVED, That copies of this Resolution, suitably engrossed, be transmitted to the
Senate of the United States and the House of Representatives in the Congress of the
United States.

The House of Representatives passed bill H.R. 1885 in May, extending section 245(i) for
an additional year in an effort to give eligible immigrants an opportunity to benefit
from this law. The Senate passed the bill with an amendment, and returned it to the
House of Representatives for consideration of the amendment on September 10, 2001. Due
to the events of September 11, 2001, no further action has been taken on this bill.
However, President George W. Bush has indicated that he will sign the bill if Congress
can reach an agreement.

In 1996, Medicaid coverage had been dropped as part of federal and state welfare
reforms, except for emergency care and services for pregnant women. This action
caused severe hardships for immigrants and their families, and placed a significant
burden upon the health care system. The Assembly Majority, including the Task Force
on New Americans, has been in the forefront in advocating provision of vital health
care services for hard-working, legal immigrants.

This spring, Assemblymember Perry introduced and Assemblymember Espaillat co-sponsored
bill A.7774 to restore Medicaid coverage to indigent
legal immigrants and also provide them health care benefits through the state-sponsored
Family Health Plus and Child Health Plus. On June 5th of this year, the New York Court
of Appeals ruled in the case of Aleissa v. Novello that the State cannot deny Medicaid
benefits to poor legal immigrants who arrived in the United States after August 22,
1996. As a result of this decision, an estimated 100,000 legal immigrants
will now be eligible for Medicaid benefits. This fall, the Governor, through an
administrative action, extended state Family Health Plus and Child Health Plus to
eligible, legal immigrants.

The U.S. Court of Appeals in the case of Lewis v. Grinker (May 22, 2001) for the Second
Circuit concluded that the federal government is not required to pay for
Medicaid-sponsored prenatal care for illegal immigrants. According to the State Health
Department, an estimated 13,000 immigrant women will no longer be eligible to receive
vital prenatal care. To remedy this situation, Assemblymember Gottfried sponsored bill
A.8953, also co-sponsored by Assemblyman Espaillat.
This bill would ensure women receive prenatal care regardless of their immigration
status. It passed the Assembly on June 25, 2001, but has not been acted upon by the
New York State Senate.

An on-going internal armed conflict in Colombia has forced thousands of its nationals
to seek refuge in the United States, primarily in New York State. The Assembly adopted
a resolution in July, introduced by member Adriano Espaillat, calling upon the
President of the United States to designate Colombia as a country whose nationals
require Temporary Protected Status. If granted, Temporary Protected Status would allow
Colombian nationals living in the United States to stay and work in this country until
the conflict ceases or no longer poses a serious threat to their personal safety.

In addition to the issue of immigrant health care, this legislative session,
the Task Force and other members of the Assembly introduced several bills to
address a myriad of immigrant issues. The following is a list of pending
legislation and their current status.

Bill No.

Sponsor

Subject

Status

A. 1673

Stringer

Provides for impact aid for
education services for immigrant students

5/1/01
Ways and Means

A. 2324

McLaughlin

Provides state regulation of immigration
consultants

1/22/01
Economic Dev.

A. 3903

Perry

Extends right to vote in municipal
elections

2/5/01
Election Law

A. 4034

Rivera

Directs Education Dept. to conduct study of
English learning programs in elementary
and secondary schools

6/12/01
Rules

A. 4035

Rivera

Directs the Dept. of Health to contract with
community organizations for distribution
of information on health care services and
benefits available to immigrants

5/1/01
Ways and Means

A. 7082

Espaillat

Requires a court to advise a defendant of
deportation consequences of guilty plea

3/6/01
Codes

A. 7094

Espaillat

Outlaws discrimination on basis of
alien status

3/6/01
Govt. Ops.

A. 7103

Espaillat

Requires orders of protection in native
language of petitioner and respondent

3/6/01
Judiciary

A. 7105

Espaillat

Increases compensation of municipal
employees who use foreign languages

6/20/01
Ways and Means

A. 7107

Espaillat

Waives citizenship requirements for midwives

3/6/01
Higher Education

A. 7701

Rivera

Establishes a waiver from passing the English
language arts Regents exam

Urges the Congress of the United States
to extend for one year provisions of the
LIFE Act allowing certain immigrants
to adjust their status to that of lawful permanent
residents pursuent to Section 245(i) of the
Immigration and Nationality Act

3/26/01
Adopted

A.R. 1324

Espaillat

Calls upon the President of the United States
to grant Colombians living in this country
Temporary Protected Status due to on-going
armed conflict in Colombia

7/17/01
Adopted

A.R. 1277

Weinstein

Urges the New York State Congressional
Delegation to remove restrictions on the
Federal Legal Services Corp and federal
restrictions on the use of state and IOLA
funds

The Task Force on New Americans, in cooperation with the Assembly Standing
Committees on Education and Higher Education and the Puerto Rican/Hispanic Task
Force, sponsored a hearing in early June to address the problems faced by English
Language Learners in the state. In particular, the organizers sought to find the
reasons behind the alarming increase of high school drop-outs among immigrants.

"The link between the increased dropout rate for [English Language Learners]
and the imposition of the English Regents Exam has been made explicit by the New
York City Board of Education....Whenever standards are raised without the necessary
academic and social supports, graduation rates tend to decline and dropout rates
increase," said Sandra del Valle, an attorney with the Puerto Rican Legal
Defense and Education Fund.

"The Regents exams have an unfair impact on English Language Learners. Many
foreign-born students demonstrate excellent academic achievement in our schools.
Passing the English Regents exam after a year or two in this country can prove
insurmountable," said Arthur R. Greenberg, professor of education administration
at New York University’s School of Education.

Recommendations

Establish new guidelines for the number of years students need to be in
mainstream English before they are required to pass the Regents exams

Explore alternative methods of assessment to determine eligibility for
graduation

Promote the "Teachers of Tomorrow" program by providing additional
compensation to bilingual educators and programs that utilize outreach methods
to franchise teachers

Offer programs that encourage parental and community involvement

Assure that a cadre of bilingual teachers is being prepared to meet the needs
of the growing immigrant population by offering scholarships, loan forgiveness
and competitive salaries

Provide orientation to parents who are unfamiliar with the United States
education system

In October, the Assembly Majority was successful in restoring $11.2 million in
Bilingual Education Aid not included in the Governor’s proposed budget, as well
as providing an additional $2 million in funds to expand the English as a Second
Language (ESL) Program for persons on public assistance. ELL programs are also
eligible to be funded out of a $2.5 million appropriation for refugee resettlement
services and another $1.5 million in ESL funding for persons at or under 200% of the
poverty level.

Assemblyman Adriano Espaillat witnesses signing of a memorandum of
understanding between the New York State Education Department,
represented by Carmen Perez Hogan, Director of Bilingual Education,
NYSSED, and Dr. Milagros Ortiz-Bosch, Vice-President of the Dominican
Republic, and its Secretary of Education. The memorandum of understanding
will assist English Language Learners.

On June 14, 2001, Assemblymembers Adriano Espaillat, Chair, Task Force on New
Americans; Helene E. Weinstein, Chair, Judiciary Committee; and, Joseph R. Lentol,
Chair, Codes Committee, held a public hearing in New York City on access to
affordable, quality civil legal services for New York’s poor and low-income
immigrants. Testimony showed that there are insufficient services to provide
adequate representation to all immigrants in need of legal assistance. This is due
to decreasing federal funding and stricter eligibility requirements placed on the
use of the remaining grants.

"Sadly, we are only able to meet the needs of a fraction of the needy immigrants
who seek our help. To bridge the gap, we frequently work with community-based
organizations to give them the legal tools and support they need to be effective
advocates, but these stop-gap measures do not substitute for direct, comprehensive
legal representation for immigrants," said Jennifer Baum, Staff Attorney with
the Legal Aid Society’s Civil Appeals and Law Reform Unit.

Recommendations

Require judges to alert immigrant defendants and their lawyers to consider
the deportation consequences in all cases

Provide funding to train and offer continuous support to public defenders
and other defense counsel regarding immigration issues in criminal cases

Fund programs to provide legal representation or counseling to indigent
residents in New York currently in deportation or removal proceedings in state
prisons or in INS detention facilities

Address the problem of lack of access to counsel in deportation or removal
proceedings following a criminal case disposition

Provide immigrant victims of domestic violence with the information and
legal services they need to establish safe and productive lives

The Task Force on New Americans is working hard to secure funding from amounts made
available for not-for-profit organizations in the SFY 2001-2002 budget to provide
immigration-related legal services across the state.

Though I am optimistic about the future of New York immigrants, there remains much
work to do to make the state more hospitable to New Americans. First, we must continue
to insist that our children receive a quality education, and that testing is appropriate
to them and does not unduly detain their academic progress.

Second, we need to make sure that adequate legal services are in place so that New
Americans are aware of their rights, and make sure all lawyers who represent immigrants
are updated on the latest immigration laws.

Finally, we must continue to work for adequate prenatal care for all New Americans so
that no child is exposed to preventable health risks.

I strongly urge you to contact the Task Force or your local legislator to show support
on the issues that are important to you. I can be reached by the following means: